What would happen if I registered MHR and refused to move on completion?

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STBX has sold our FMH we are due to complete soon. But he's refusing to agree on interim maintenance unless I agree to remain in the town that we live in, instead of allowing me to move closer to family. At the moment I have no where to live in a couple of weeks so I intend to stay put unless we agree on a settlement. So my question is what would happen legally? I'm going to register my MHR asap but I understand that wouldn't halt the sale but prevent new owners from living in it. Please, I don't need any shitty responses I have really tried everything to be amicable but he's desperate to keep his control.

Contracts were exchanged earlier this year. And proceeds of sale are being held by solicitors until we agree a settlement. It's just this period in between the he won't agree on. I don't work full time so I need him to release funds to allo me to rent but he won't unless I agree to remain. 100% of the proceeds would go to me anyway but we just need to agree. But he is currently using every tactic available to control me.

Do you have children together?

We have two under 5. Although I'm working I can't secure a rental alone, I simply don't earn enough. I need to be earning at least 40k. I we had agreed he'd guarantor my rental but he's now backtracked. We have huge savings in his name again he refuses to release 10k. He wants full control. He's not allowing me funds to sort it out myself. If he's on the rental agreement then he has a right to come and go as he pleases. I literally have no one here. I can't stay here whilst he continues to drag the process out. I know that I'd be liable. But in all reality what are my options, he's stalled for 7 months until now. The council won't house me and the kids. I've tried. So what else can I do?

Make an urgent application to the court for maintenance pending suit to get funds released. Some tips here.

You'll have to really get your skates on though, because the court will struggle to give you a hearing date in less than a week. And you will have to pay an application fee (unless you are fee exempt).

You should download the form and fill it out, make a witness statement, then send the lot off to your ex's solicitor giving your ex 48 hours to agree, or you apply to court. Hopefully he'll agree and you won't actually have to go through with it.

Sorry to hear this OP. Surely if he doesn't give you any funds to secure a rental your only option is to go and stay with family in the area that he doesn't want you to go to though, so he's not going the right way about it! Would you be able to stay with your family for a bit?

I would not have him as a guarantor either, and definitely not on the tenancy agreement! Hope you get something sorted soon.

No he won't agree an interim release unless I agree to staying locally in the rental that he wants to secure with him on the tenancy. He won't give me cash up front, I've tried that. Oh did I mention he was a financially abusive, controlling twat? Meanwhile he cancelled my car insurance overnight, leaving me uninsured, we live rurally. So I've had to draw down on the little I had to pay for it annually. And I lost the holding deposit for the property I was in the process of trying to secure with him as guarantor.

The solicitor I'm using has been spectacularly shit, the term he's using is that 'I'm chomping at the bit' to get things agreed. But is me and my children who will potentially be homeless in a couple of weeks. I've been requesting that they proceed with Form A since March. Six weeks ago I asked for interim maintenance to be secured, nothing. He literally wants me to wait and see. I have one sibling 3 hrs away. My mum 6 hrs away, if I moved there he'd order me back. And another sibling 1 hr away (which is where I want to move to), currently in a flat but he's not exchanged on his new house or he'd have us in a heart beat.

Make the application for MPS (threaten it first), and change your solicitor.

Can I make the MPS application myself? From the very start my solicitor has been very reluctant to issue proceedings. He sends letters ex ignores and there doesn't seem to be a consequence. I need to change but not sure if I'd be getting better else where. This firm is ranked top 5 in this area.

Yes you can.

Have proceedings for anything been issued yet? The divorce itself? For financial orders? If nothing at all has been issued, you will have a bigger task to do, because you'd have to issue the divorce petition as well.

Assuming Form A has already been issued at court, start by looking at your Form A. Check that the box has been ticked asking for maintenance pending suit. If it hasn't, print off a new Form A and tick that box as well as the others (for property adjustment, etc etc). Your application will be for permission to amend the Form A as well as to claim MPS.

Next, you need a witness statement. Start by drawing up a schedule of current monthly income and outgoings for yourself. Get a few examples of suitable properties to show what you'd need in terms of rental. Copy the letters from the letting agents which show that your rent will need to be paid up in advance (or get letter to show this).

In your witness statement you need to state what you are asking for (ie a deposit and 12 months' rent in advance, or whatever it may be). You can refer to it as capitalised monthly periodical payments, but make it clear that you need it now because you have nowhere to move to and are unable to secure a rental property on your own. You also need to state where the money will come from - so explain why you think ex has ££ savings in his name and can pay this immediately.

It is important to remember that MPS cannot be used to get an advance on the capital settlement. For example, you can't say ,"I believe I will be awarded £50k from the sale of the house so I'd like part of it in advance". MPS is only for money that you need to maintain yourself (and the DC) until the final order is made. That's why I'm suggesting you describe it as capitalised maintenance, because it refers to monthly payments, but in your case you do actually have to have it up front.

Send it all off to ex-p, and as I say, give him 48 hours to respond. If he doesn't come through, make 3 copies of everything & send them to the court with a covering letter making it clear that you need a very urgent hearing as you are likely to lose your home within 14 days. It might be as well to ring the court first to check what you have to do regarding court fees, and you can check about getting an urgent hearing.

Do remember to tell your solicitor if you are doing this, and decide whether you are going to keep them on or not.

I'm actually shocked you're considering putting your poor innocent buyers in this position because you and your ex can't sort things out. Do they have kids? Why is it ok for them to be homeless and not you?

If I were them and you did this to me I would pursue you through the courts for every single penny you cost me, plus compensation.

I'd go and see another solicitor to see what they suggest

Have you not been asked to sign a declaration that you will vacate on completion?

I petitioned in December. Nisi granted in March. Form A has not been issued to court but I will be doing that on Monday. Of course, I simply require at least 7.5 Months rental payment in advance, which we have in savings and he refuses to release.

Venus good for you, really. A little empathy wouldn't go amiss. Try being married to a controlling, abusive twat of a husband, then come and judge me for the choices I have to make. Believe me I have tried everything to prevent this from happening for the last 6 months. I was advised against fleeing to a shelter by my solicitors. The council won't house us until we are actually homeless. I don't need to justify my position to you or anyone one else for that matter. Staying past completion is my only option right now.

Even with an emergency hearing it is unlikely that all this will be resolved in the next week. The buyers can sue my stbxh, sheesh we have enough funds to pay for it FFS!

No declaration signed to vacate on completion. I'm not on the deeds or mortgage.

Thanks all for your input.